Settlement of Brain Injury Case Involving High-Speed Rear-End Collision

Our client was driving east on a highway approaching an exit ramp. She apparently started to develop mechanical problems with her van and slowed to a very slow speed or a complete stop in the right hand travel lane. A commercial van carrying produce struck her van in the rear at highway speed and caused her severe brain injuries, including subarachnoid bleeding, an epidural hematoma, and shear injuries causing bleeding points throughout the brain. Brain surgery was performed at a local hospital and she was then transferred to another location for treatment and rehabilitation and was eventually released. She was cared for by family and friends, as she was unable to live independently nor care for her three children, ages 5, 4, and 1. Investigation and discovery resulted in the downloading of the "black box" event recorder in the produce van showing that it had been speeding at 68 mph just before the impact and that no effective braking occurred prior to the crash. A computer animation developed by our accident reconstruction expert showed that the crash should have been easily avoidable if the defendant driver had been paying attention. During the course of the litigation WKW arranged for her to be admitted to the Center for Comprehensive Services in Carbondale, Illinois for treatment in their NeuroRehabilitation program. Part of the present value of the settlement was used to fund a series of annuities to pay for her future care, in addition to the future cost of raising her three children.

Case Against Auto Manufacturer on Behalf of Paralyzed Teenager Settled

Our client was one of three passengers riding in a 1998 Chevrolet Malibu. She was seated in the rear center seat of the Malibu and was wearing her seatbelt at the time of the accident. The rear center seat of the Malibu was equipped with only a lap belt restraint device. It did not contain a lap/shoulder belt. Plaintiff fell asleep during the car ride and awakened after the Malibu left the roadway and moments before it collided with a tree.

The Plaintiffs argued that the rear center seat restraint system installed in the 1998 Chevrolet Malibu was defectively designed and was a proximate cause of our client's injuries. Plaintiffs' counsel alleged there were two primary defects in GM's design of the rear center seat: the Malibu only had a lap belt without an automatic locking retractor mechanism and no shoulder belt, and the Malibu did not have an adequate anti-submarining seat design to stop the occupant from sliding under the lap belt. Each of these defects combined to create extreme forces on the victim's abdomen in the collision, and fractured her lower spine causing paraplegia. The case was settled after mediation and before trial.

Settlement of Brain Injury Case with Trucking Company

A brain-damaged man's case against a truck driver and his employer was settled at mediation with the use of a settlement video containing interviews of his treating neuropsychologist, wife and children, along with video footage of his own rehabilitation efforts soon after the crash. The injured man had retired shortly before the collision. The settlement came without the plaintiffs having to undergo depositions, as the video interviews and neuropsychological reports gave the defense the information they needed to evaluate the case.

Settlement of Truck Accident Case Resulting in Pelvic Nerve Injuries

While traveling westbound on a multi-lane highway, our client was injured when the driver of a tractor-trailer in the adjacent lane lost control of his truck, striking her automobile. As a result of the impact her body was twisted in the seat and she sustained injury to her neck, lower back and right hip. She was diagnosed with low back pain with evidence of sacroiliac dysfunction and underwent a period of physical therapy but soon started having bladder problems.

An EMG examination revealed partial cauda equina syndrome.

Cauda equina syndrome is a rare disorder affecting the bundle of nerve roots (cauda equina) at the lower end of the spinal cord. An extension of the brain, the nerve roots send and receive messages to and from the pelvic organs and lower limbs. Cauda equina syndrome occurs when the nerve roots are compressed and paralyzed, cutting off sensation and movement. Our client also experienced bowel problems which continued to persist and ultimately resulted in her undergoing a total proctocolectomy and ileostomy. The case was settled at mediation shortly before trial.

Court of Appeals Upholds Jury Verdict in Favor of WKW Client Injured in Diving Accident

The Indiana Court of Appeals upheld a jury verdict in favor of a young man injured in a diving accident on Lake Shafer. The defendant corporation had placed a dredge pipe in a channel just off the dock of the young man's parents' lake home. The pipe was not properly marked with buoys, and could not be seen from the dock.

When the young man dove off the dock he struck his head on the pipe, fractured three vertebrae in his neck and was rendered a paraplegic. The defendant corporation appealed the verdict raising multiple issues for the Court of Appeals to consider. The Court of Appeals found in favor of the injured young man on all issues and affirmed the jury's verdict.